India - Income Tax Act 2010 - Saarc

1.929 CH. XXII - OFFENCES AND PROSECUTIONS S. 276CC11[Wilful attempt to evade tax, etc.276C. (1) If a person wilfully attempts in any manner whatsoever to evade 12 anytax, penalty or interest chargeable or imposable under this Act, he shall,without prejudice to any penalty that may be imposable on him under any otherprovision of this Act, be punishable,—(i) in a case where the amount sought to be evaded exceeds one hundredthousand rupees, with rigorous imprisonment for a term which shallnot be less than six months but which may extend to seven years andwith fine;(ii) in any other case, with rigorous imprisonment for a term which shallnot be less than three months but which may extend to three yearsand with fine.(2) If a person wilfully attempts in any manner whatsoever to evade the paymentof any tax, penalty or interest under this Act, he shall, without prejudice to anypenalty that may be imposable on him under any other provision of this Act, bepunishable with rigorous imprisonment for a term which shall not be less thanthree months but which may extend to three years and shall, in the discretion ofthe court, also be liable to fine.Explanation.—For the purposes of this section, a wilful attempt to evade any tax,penalty or interest chargeable or imposable under this Act or the paymentthereof shall include a case where any person—(i) has in his possession or control any books of account or otherdocuments (being books of account or other documents relevant toany proceeding under this Act) containing a false entry or statement;or(ii) makes or causes to be made any false entry or statement in suchbooks of account or other documents; or(iii) wilfully omits or causes to be omitted any relevant entry or statementin such books of account or other documents; or(iv) causes any other circumstance to exist which will have the effect ofenabling such person to evade any tax, penalty or interest chargeableor imposable under this Act or the payment thereof.]13[Failure to furnish returns of income.276CC. If a person wilfully fails to furnish in due time 14 [the return of fringebenefits which he is required to furnish under sub-section (1) of section115WD or by notice given under sub-section (2) of the said section or section115WH or] the return of income which he is required to furnish under sub-11. Substituted for section 276C by the Taxation Laws (Amendment) Act, 1975, w.e.f.1-10-1975. Original section 276C was inserted by the Taxation Laws (Amendment) Act,1970, w.e.f. 1-4-1971.12. For the meaning of the term “evade”, see Taxmann’s Direct Taxes Manual, Vol. 3.13. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.14. Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.